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Wednesday, March 25, 2015

Opening Reception

We would like to thank the law firm of Kane Russell Coleman & Logan, PC for sponsoring a reception for attendees of The ABCs of Banking Law and the Banking Institute attendees on Wednesday, March 25, 2015. Registered attendees for each program will receive an invitation with more details from Kane Russell.

Thursday, March 26, 2015

10:00 a.m.

Registration and Coffee

11:15 a.m. - 12:30 p.m.

Evolving Governance Realities for Financial Institutions

  • Anthony R. Augliera, Wells Fargo & Company, Charlotte
  • Eric R. Fischer, Boston University Center for Finance, Law & Policy, Boston
  • Mary H. (Molly) Scherf, Office of the Comptroller of the Currency, Washington, DC
  • Peter G. Weinstock, Hunton & Williams, Dallas (moderator)

In 2014, regulators moved the goal posts on responsibilities of financial institution management and boards. The OCC issued its “heightened” guidelines for governance and risk management practices. Governor Tarullo spoke about enhancing governance and expanding directors’ fiduciary duties. This session will examine the principles embodied in such standards and positions, their broader implications, and how they are being implemented.

12:30 p.m. - 1:00 p.m.

Lunch (Included)

1:00 p.m. - 1:45 p.m.

Bank Counsel Remarks

Andrew M. Hutcher and Anthony M. O'Connor, Credit Suisse

Credit Suisse is a leading global financial services company. It operates as an integrated bank with two global divisions: Private Banking and Wealth Management and Investment Banking. Credit Suisse’s Center of Excellence in the Americas, employing almost 1,400 staff, is located in the Research Triangle Park, and provides a cost effective global business support center.

Andy Hutcher is a Managing Director and Counsel of Credit Suisse in the General Counsel division, based in New York. He is Chief Operating Officer of the Advisory and Control Group in the Americas and manages several groups that provide legal and advisory services, consisting of the documentation of master and related agreements for derivatives; Americas country coverage in Brazil, the rest of Latin America and the Caribbean, and Canada; and certain regulatory matters. Hutcher serves on the Americas General Counsel Management and Operating Committees. Prior to joining Credit Suisse, Hutcher was at Shearman and Sterling. He received his B.S. from the University of Virginia and his J.D. from Vanderbilt University School of Law.

Tony O’Connor is a Director and Counsel at Credit Suisse, based in Research Triangle Park, North Carolina. He manages the General Counsel Division’s first-of-a-kind Legal Associate Program and 1L Summer Associate Program in RTP. He is also the Americas Practice Group Leader for data management, privacy, intellectual property, and sourcing. Prior to joining Credit Suisse, Tony was a senior counsel at IBM, an associate at Davis Polk & Wardwell, and a law clerk for a federal district court judge. He received his A.B. from Princeton University and his J.D. from New York University.

1:45 p.m. - 2:00 p.m.


2:00 p.m. - 3:30 p.m.

Too Big to Fail

  • Ron J. Feldman, Federal Reserve Bank of Minneapolis
  • Pamela Bickford Sak, Bank of America, Charlotte
  • Joseph A. Smith, Jr., Raleigh (coordinator)
  • Thomas P. Vartanian, Dechert LLP, Washington, DC

The panel will discuss Too Big to Fail, how regulators try to eliminate TBTF, living wills, and how TBTF is impacted by SIFI designation.

3:30 p.m. - 3:45 p.m.


3:45 p.m. - 5:00 p.m.

Hot Topics for Community Banks

  • B.T. Atkinson, Nelson Mullins Riley & Scarborough LLP, Charlotte
  • Todd H. Eveson, Wyrick Robbins Yates & Ponton, LLP, Raleigh
  • Glenn E. Morrical, Tucker Ellis, LLP, Cleveland
  • M. Patricia (Pat) Oliver, Tucker Ellis, LLP, Cleveland (moderator)
  • Michael J. Shumaker, Bryan Cave, LLP, Atlanta

This panel will discuss some of the challenges faced by community banks, including access to capital and capital raising techniques; current challenges in the regulatory climate; getting M&A deals done: community banks as buyers and sellers; and the future of the community banking model.

5:00 p.m. - 6:00 p.m.

Reception - Sponsored by The Clearing House

This opportunity to mix and mingle with the participants, including program speakers and the law students who produced the North Carolina Banking Institute journal is always a highlight of the Banking Institute.

The Clearing House is the oldest banking association and payments company in the United States, having been established in 1853. It is owned by the world’s largest commercial banks. The Clearing House Payments Company L.L.C. provides payment, clearing, and settlement services to its member banks and other financial institutions, clearing almost $2 trillion daily and representing nearly half of the automated-clearing-house, funds-transfer, and check-image payments made in the U.S. The Clearing House Association L.L.C. is a nonpartisan advocacy organization representing the interests of its owner banks on a variety of important banking issues. We are grateful to The Clearing House for its generous support of this reception and of our New York Lecture series.

6:00 p.m. - 7:20 p.m.

2015 Banking Institute Annual Dinner**

This is a separately ticketed event, but it is included without additional charge for all speakers, students, those attending as corporate sponsors, or on other special admission rates. Please consider attending to spend more time meeting and talking with colleagues and to hear the after-dinner remarks.

The Center for Banking and Finance Leadership Award

This award is given for just the fifth time tonight in recognition of outstanding contributions to banking law and the banking industry. Please join us in celebrating Tony Gaeta.

Anthony Gaeta, Jr., Wyrick Robbins Yates & Ponton LLP, Raleigh

Introduced by: Lissa L. Broome, Director, Center for Banking and Finance, UNC School of Law

Tony practices with Wyrick Robbins Yates & Ponton with a focus on financial institutions. He has served on the Board of Advisors for the Banking Institute since its inception almost twenty years ago and has been a guiding force in ensuring its success and financial support.

Tony taught Mergers & Acquisitions at the UNC School of Law for a number of years. Prior to joining Wyrick Robbins, Tony was the founder of Gaeta & Eveson, PA. His career began at Simpson Thacher & Bartlett after graduating from Wesleyan University and receiving his J.D. from William and Mary. He has worked at Ward and Smith, Moore & Van Allen, and as General Counsel to United Carolina Bancshares Corporation (now part of BB&T Corporation).

The Fourth Annual George and Susan Beischer Address

John D. (Jerry) Hawke, Jr., Arnold & Porter LLP, Washington, DC

Introduced by: A. Patrick Doyle, Arnold & Porter LLP, Washington, DC

Jerry Hawke has served as Comptroller of the Currency (1998-2004), Under Secretary of the Treasury for Domestic Finance (1996-1998), and General Counsel to the Board of Governors of the Federal Reserve System (1975-1978). He began his career as a law clerk to Judge E. Barrett Prettyman on the U.S. Court of Appeals for the District of Columbia, followed by work as counsel to the Select Committee on Education in the House of Representatives. Hawke then joined Arnold & Porter and has worked there since that time, except when his practice was interrupted by government service.

In the Beischer Challenge, George and Susan Beischer agreed to match up to $1 million of gifts and pledges to the Center for Banking and Finance. The gift was completed in 2011 and celebrated at the William Horn Battle Society Dinner on April 2011. In honor of this transformative gift to the Center, its board of advisors voted to name the after-dinner address at the annual Banking Institute in honor of the Beischers. We mourn George’s death in September 2011, and are pleased that the Beischer Address is an annual opportunity to remember George and to thank the Beischers for their generosity.

Friday, March 27, 2015

7:45 a.m. - 8:30 a.m.

Coffee and Breakfast

8:30 a.m. - 9:45 a.m.

Dodd-Frank Act and Other Regulatory Developments—The Work Continues

  • David T. Bloom, SunTrust Banks, Inc., Atlanta
  • Scott A. Cammarn, Cadwalader, Wickersham & Taft LLP, Charlotte
  • A. Patrick Doyle, Arnold & Porter LLP, Washington, DC (co-coordinator)
  • Anna M. Harrington, Board of Governors of the Federal Reserve System, Washington, DC
  • Charles M. Horn, Morgan, Lewis & Bockius LLP, Washington, DC (co-coordinator)

The federal financial regulatory agencies have continued their multi-year efforts to implement the Dodd-Frank Act, taking important regulatory actions in 2014, including actions on matters such as regulatory capital and liquidity requirements, prudential regulation and supervision, board governance developments, credit risk retention requirements for securitization transactions, and money market mutual fund reform. The agencies and the financial services industry, however, continue to contend with important and difficult regulatory issues such as the scope and impact of the Volcker Rule and its implementing regulations, and the ongoing implementation of derivatives reform and municipal advisor regulatory requirements. Further, several important provisions of the Dodd-Frank Act, including regulatory action on financial institution executive compensation requirements, still remain to be implemented. Also, Congress already has enacted recent amendments to the Dodd-Frank Act, and other legislative changes may be considered in 2015. This panel of regulatory practitioners and agency officials will discuss these and other key regulatory issues, and their implications for money center, regional, and community banking organizations.

9:45 a.m. - 10:00 a.m.


10:00 a.m. - 11:00 a.m.

The Donald C. Clifford, Jr. Distinguished Lecture on Consumer Law

Barry Zigas, Director of Housing Policy, Consumer Federation of America

Introduced by: Donald C. Lampe, Morrison & Foerster LLP, Washington, DC

Barry Zigas became the Director of Housing Policy for the CFA in 2008. He also consults with nonprofits and foundations on strategy, innovation, and leadership through his firm, Zigas and Associates LLC. Zigas previously served as Senior Vice President at Fannie Mae where he led the company’s single family community lending initiatives. Prior to his time at Fannie, he was the President of the National Low Income Housing Coalition. He has also served as Associate Executive Director at the U.S. Conference of Mayors. Zigas received his undergraduate degree at Grinnell College and is a graduate of the Wharton School’s Advanced Management Program.

The Clifford Distinguished Lecture on Consumer Law was established by the UNC School of Law and friends following Professor Clifford’s death. Donald Clifford was the Aubrey L. Brooks Professor and served as a faculty member of Carolina Law from 1964 to 2004, specializing in commercial and consumer law. He founded the law school’s very successful Festival of Legal Learning and served as a member of the Board of Advisors for the Center for Banking and Finance.

11:00 a.m. - 11:15 a.m.


11:15 a.m. - 12:30 p.m.

The Regulatory Underpinnings of Commercial Lending

  • Melissa R. H. Hall, Morgan, Lewis & Bockius LLP, Washington, DC
  • Seth M. Huffstetler, Robinson Bradshaw & Hinson, Charlotte, NC (moderator)
  • Donald C. Lampe, Morrison & Foerster LLP, Washington, DC
  • Phillip A. Wertz, Bank of America, Charlotte

In the everyday practice of commercial lending, questions of deal structure, loan terms, loan documentation and borrower type often revolve around rules, regulations, and interpretations of the federal banking regulators. Yet, most “deal” attorneys are not expected to master banking regulation. This presentation will help commercial lending practitioners and others spot common regulatory issues such as Regulation W, capital requirements, appraisal regulations, anti-tying, and CFPB regulations, and offer practical suggestions for dealing with these issues in fast-paced transactions.

12:30 p.m. - 2:30 p.m.

Center for Banking and Finance Board of Advisors Luncheon Meeting

UNC School of Law | Van Hecke-Wettach Hall | 160 Ridge Road, CB #3380 | Chapel Hill, NC 27599-3380 | 919.962.5106

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